HOME RULE CHARTER

Dear Councilmembers:

In April of 1952, Lester Lautenschlaeger, Vice-Chair of the Charter Committee for the City of New Orleans, transmitted the final draft of a new City Charter to the Commission Council. Mr. Lautenschlaeger noted that the Charter then in effect was forty years old and, in that time, there had been radical changes in the social and economic lives of the citizens of New Orleans. The basic document submitted to the Commission Council was subsequently approved by the voters.

The Charter became effective in 1954 and has served us well. The 1954 Charter is a testimonial to the vision and foresight of the community leaders who produced that document. Our election in 1994 marked the fortieth anniversary of the 1954 Charter.

Just as Mr. Lautenschlaeger noted changes in the social and economic conditions in New Orleans in the four decades prior to submission of the 1954 Charter, we have observed significant changes in New Orleans and in local government throughout the United States in the past four decades. Therefore, as part of my election campaign, I pledged to establish a Charter Review Committee to study and make recommendations for appropriate charter changes.

In October of 1994, I appointed the Mayor's Charter Revision Advisory Committee. The City Council assisted in this effort by designating seven leading citizens to serve on the Committee. A list of the Committee's members accompanies this letter. The list reflects a diverse and knowledgeable cross-section of community leaders.

In a little over two months, the Committee through an intensive and public process produced a document to guide our City into the next century. It is their basic document that I transmit to you today along with some changes recommended by the Administration. I have recognized and commended the Committee members for a superb job. They have made a significant contribution to New Orleans. There are others, however, who must also be recognized in connection with the work of the 1994 Charter Revision effort. The Book of Ecclesiastes teaches us that "nothing is new under the sun". Many of the issues debated and ideas discussed by our 1994 Charter Committee are issues and ideas that have been debated and discussed as part of past charter revision efforts. Those major efforts include Mayor Moon Landrieu's Charter Committee, the Business Council of New Orleans' Charter Revision Project, the League of Women Voters' Charter Project, and the Barthelemy Committee's work on the Home Rule Charter.

Finally, we must acknowledge the work of the original 1951 Charter Committee. The document presented to you today retains all of the basic elements of the 1954 Charter. Those basic elements include a Mayor-Council form of government, a Chief Administrative Officer, a Council composed of district and at-large members, and a requirement for a balanced budget.

In that regard, it is very important to emphasize that we are not submitting a "new" or "substitute" charter to you. Rather, we are submitting proposed amendments to the 1954 Charter. This distinction is critical because the Louisiana Constitution of 1974 grants enhanced authority to municipalities with a pre-1974 Home Rule Charter. While we are proposing a number of amendments, the basic 1954 Charter will remain intact. It is our intent to amend rather than replace the 1954 Charter.

The amendments proposed by our Charter Revision Committee represent an evolution--not a revolution. The amendments are intended to allow greater flexibility for City government to reengineer and restructure the executive branch to meet the changing needs of our citizens. This basic concept of greater flexibility has been a recurring theme in previous charter revision studies. In one form or another, it was a feature of the charter amendment recommendations of the Landrieu Committee, the League of Women Voters, the Business Council, and the Barthelemy Committee.

Government works best when it has the trust and confidence of its citizens. The proposed amendments promote trust and confidence by establishing an independent Inspector General to investigate allegations of waste, inefficiency or corruption in City government. We also propose an Ethics Review Board to enforce ethical rules and to oversee activities of the Inspector General.

Our citizens demand and deserve fiscal responsibility. We propose a Revenue Estimating Conference to improve and lend credibility to our budgeting process. The proposed Charter amendments also mandate competitive selection procedures for professional services contracts.

We aspire to excellence and justice for New Orleans. The proposal sets forth our aspirations in a Bill of Rights for our citizens and mandates that City government establish policies and procedures to promote those rights.

Now more than ever, decisions that affect our community and our neighborhoods need to be made locally by our own elected leaders and not ninety miles up the interstate. Therefore, our proposal is intended to extend our home rule authority to its maximum permissible limits.

In short, we propose a package of amendments that is designed to build on a sound foundation, make some immediate improvements, and allow for continuous improvement in local government. We will be considering a document to serve us into the next century.

I have one final note for the legislative history of the proposed amendments and for the public record. The evolution of this proposal has been and will continue to be a public process. Our proposal is an open book. I look forward to discussing any or all of the proposed amendments with you. The members of my administration and members of the Charter Revision Advisory Committee are available to meet with you and answer your questions. I simply ask that you coordinate your requests for such assistance through Paul Sens, Executive Assistant for Intergovernmental Relations, or David Marcello, who has served as the Committee Chair, so that we provide you with the most immediate and knowledgeable source of expertise in response to your requests.

I look forward with relish to a rational and intelligent discussion of all the issues presented in the proposed amendments. We have a tremendous opportunity to educate the public and to learn more ourselves about the fundamental workings of local government. Working together, we can leave a legacy that will serve New Orleans well for the next forty years.

Rebuilding New Orleans Now, I remain,

Sincerely yours,

Marc H. Morial

Mayor, City of New Orleans

Marlin N. Gusman,Chief Administrative Officer

Avis Marie Russell, City Attorney

Office of Policy Planning: Jon Eckert Brenda Wilson

Department of Law: Evelyn F. Pugh Raju Haque

FOREWORD

The text of this document has been coded for ease of review by the reader to indicate where we have made deletions from and additions to the current Home Rule Charter. One effect of such coding is to lengthen the document, since it retains much material that will ultimately be deleted from the revised Charter. The actual length of the Charter as revised will be much less than the document you hold in your hands.

HIGHLIGHTS

The proposed Charter revision document contains numerous changes both major and minor in impact. These "Highlights" do not purport to be comprehensive in the coverage of proposed changes. Accordingly, readers should consult the actual text of the document for a thorough understanding of its consequences.

Two objectives that were carried forward consistently throughout the document are represented on the very first page in the Preamble--the extension of home rule authority to its maximum permissible limits and the use of gender neutral language.

A new Chapter (Article 2, Chapter 2) establishes for the first time in the Charter a Bill of Rights.

Also for the first time, the Charter requires a public process for the promulgation of regulations by which citizens would receive prior notice and the opportunity to comment on the proposed regulations before they are adopted (sections 3-107 and 4-107).

For the first, the Charter specifically addresses the use of moratorium ordinances (Section 3-126), authorizing the imposition of temporary prohibitions on licensing and permitting activities while also restricting the duration of such prohibitions.

The proposed Charter revisions establish a new procedure for executive branch reorganization (Sections 4-103 and 9-201) whereby Article IV agencies can be consolidated or otherwise modified through a process of amendment initiated by mayoral executive order.

For the first time, the Charter creates a Revenue Estimating Conference (Section 6-101) to produce the official forecast of revenues available for use in the city's budget process.

For the first time, the Charter requires the award of professional services contracts on a competitive basis (Section 6-308).

For the first time, the Charter establishes an annual review process by which city agencies will explore opportunities for cooperative endeavors (Section 9-314) with other public and private entities in order to seek better coordination of services, greater efficiency in government, and creative solutions to common problems.

For the first time, an Office of the Inspector General is created pursuant to Charter mandate (Article 9, Chapter 4) and charged with the responsibility for investigating misconduct and mismanagement as it impacts city government.

Finally, an Ethics Code and Ethics Review Board are established by Charter mandate (Article 9, Chapter 4) to restore public confidence in the ethical conduct of city affairs.